SB44: Bill Text

SB44,537,6 46.278 (1m) (bg) "Nursing home" means a nursing home, as defined in s. 50.01 (3), that is certified as a provider of medical assistance, other than an intermediate care facility for the mentally retarded.

SB44, s. 1125 Section 1125. 46.278 (3) (b) of the statutes is amended to read:

SB44,537,10 46.278 (3) (b) Fund Except as provided in subs. (4g) and (6) (bm), fund home or community-based services provided by any county that meet the requirements of this section.

SB44, s. 1126 Section 1126. 46.278 (4g) of the statutes is created to read:

SB44,537,21 46.278 (4g) Relocation of nursing home residents. (a) In a county that is participating in the program, for each nursing home resident who has applied for participation and has been found eligible under sub. (5), but is not participating in the program and who indicates that he or she prefers to receive services in the community, rather than in the nursing home, the participating county department shall initiate a needs and costs-based assessment before the resident has resided in the nursing home for 90 continuous days or before the cost of the resident's nursing home care has been paid under Medical Assistance for 30 days, whichever is longer. The county department shall complete the needs and costs-based assessment within 90 days after initiating the assessment.

SB44,537,23 (b) After completion of the needs and costs-based assessment, the county department shall contact the department regarding available funding.

SB44,538,5 (c) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, are equal to or less than the amount specified under sub. (6) (bm) 1., the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident, if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days.

SB44,538,13 (d) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, exceed the amount specified under sub. (6) (bm) 1., the department may ascertain whether additional funding, as specified under sub. (6) (bm) 2., is available. If additional funding is available and if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days, the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident.

SB44, s. 1127 Section 1127. 46.278 (6) (am) of the statutes is created to read:

SB44,538,17 46.278 (6) (am) From the appropriation under s. 20.435 (4) (w), the department may provide reimbursement to a county for administrative activities by the county to relocate a nursing home resident under sub. (4g).

SB44, s. 1128 Section 1128. 46.278 (6) (b) of the statutes is amended to read:

SB44,538,21 46.278 (6) (b) Total Except as provided in subs. (4g) and (6) (bm), total funding to counties for relocating each person under a program may not exceed the amount approved in the waiver received under sub. (3).

SB44, s. 1129 Section 1129. 46.278 (6) (bm) of the statutes is created to read:

SB44,539,6 46.278 (6) (bm) 1. Funding to a county for an individual who is relocated from a nursing home under sub. (4g) shall be no more than the per-person, per-day payment rate at the individual's level-of-care requirement for the nursing home under s. 49.45 (6m), indexed annually by the percentage of any annual nursing home average rate increase under s. 49.45 (6m), minus the amount that is obtained by subtracting the average annual costs for allowable charges under s. 49.46 (2) (a) and (b) payable on behalf of individuals in nursing homes from the average annual costs for the allowable charges payable on behalf of individuals who are relocated into communities from nursing homes.

SB44,539,12 2. Notwithstanding the limitation on payment to a county under subd. 1., funding to a county for an individual who is relocated from a nursing home under sub. (4g) may include, in addition to the amount specified in subd. 1., an amount not to exceed the sum obtained by subtracting the total of all payments made for home or community-based services for nursing home residents relocated under sub. (4g) (c) from the amount available under subd. 1.

SB44,539,18 3. If a county department fails to complete a needs and costs-based assessment and offer home or community-based services under this section to a nursing home resident within the time period specified in sub. (4g) (a), the county shall pay the nonfederal share of Medical Assistance for his or her nursing home care unless the nursing home resident refused participation or the needs and costs-based assessment determined that participation was not feasible.

SB44,539,20 4. Funding to a county is available under subd. 1. or 2. only during the period in which a relocated individual continues to receive home or community-based care.

SB44, s. 1130 Section 1130. 46.278 (6) (d) of the statutes is amended to read:

SB44,540,2 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under a waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b), (r), or (w).

SB44, s. 1131 Section 1131. 46.278 (6) (f) of the statutes is repealed.

SB44, s. 1132 Section 1132. 46.279 of the statutes is created to read:

SB44,540,6 46.279 Restrictions on placements and admissions to intermediate and nursing facilities. (1) Definitions. In this section:

SB44,540,7 (a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).

SB44,540,10 (b) "Intermediate facility" means an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), other than a center for the developmentally disabled, as defined in s. 51.01 (3).

SB44,540,11 (c) "Nursing facility" has the meaning given under 42 USC 1369r (a).

SB44,540,21 (2) Placements and admissions to intermediate facilities. Except as provided in sub. (5), no person may place an individual with a developmental disability in an intermediate facility and no intermediate facility may admit such an individual unless, before the placement or admission, a court under s. 55.06 (9) (a) or (10) (a) 2. finds that placement under a plan that was developed under sub. (4) is not in the individual's best interests. An intermediate facility to which an individual who has a developmental disability applies for admission shall, within 5 days after receiving the application, notify the county department that is participating in the program under s. 46.278 of the county of residence of the individual who is seeking admission concerning the application.

SB44,541,2 (3) Placements and admissions to nursing facilities. Except as provided in sub. (5), if the department or an entity determines from a screening under s. 49.45 (6c) (b) that an individual requires active treatment for developmental disability, no individual may be placed in a nursing facility, and no nursing facility may admit the individual, unless it is determined from the screening that the individual's need for care cannot fully be met in an intermediate facility or under a plan under sub. (4).

SB44,541,6 (4) Plan for home or community-based care. A county department that participates in the program under s. 46.278 shall develop a plan for providing home or community-based care to an individual in a noninstitutional community setting under any of the following circumstances:

SB44,541,9 (a) Within 90 days after any determination made under s. 49.45 (6c) (c) 3. that the level of care required by a resident that is provided by a facility could be provided in an intermediate facility or under a plan under this subsection.

SB44,541,11 (b) Within 90 days after receiving written notice under sub. (2) of an application.

SB44,541,13 (c) Within 90 days after a proposal is made under s. 55.06 (9) (a) to place the individual in an intermediate facility or a nursing facility.

SB44,541,15 (d) Within 90 days after receiving written notice under s. 55.06 (10) (a) 2. of the placement of the individual in a nursing facility or an intermediate facility.

SB44,541,17 (e) Within 60 days after extension of a temporary placement order by the court under s. 55.06 (11) (c).

SB44,541,19 (5) Exceptions. Subsections (2) and (3) do not apply to an emergency placement under s. 55.06 (11) (a) or to a temporary placement under s. 55.06 (11) (c) or (12).

SB44, s. 1133 Section 1133. 46.2805 (2) of the statutes is amended to read:

SB44,541,22 46.2805 (2) "Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1) or (1m).

SB44, s. 1134 Section 1134. 46.283 (5) of the statutes is amended to read:

SB44,542,2 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gp), (pa), (r), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

SB44, s. 1135 Section 1135. 46.284 (5) (a) of the statutes is amended to read:

SB44,542,10 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp), (im), (o), (r), and (w) and (7) (b) and (bd), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

SB44, s. 1136 Section 1136. 46.286 (1) (intro.) of the statutes is amended to read:

SB44,542,16 46.286 (1) Eligibility. (intro.) Except as provided in sub. (1m), a A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging, as defined in s. 55.01 (3); and meets all of the following criteria:

SB44, s. 1137 Section 1137. 46.286 (1m) of the statutes is repealed.

SB44, s. 1138 Section 1138. 46.286 (3) (a) (intro.) of the statutes is amended to read:

SB44,542,25 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if, except as provided in subd. 5., he or she is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging, as defined in s. 55.01 (3), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

SB44, s. 1139 Section 1139. 46.286 (3) (a) 5. of the statutes is repealed.

SB44, s. 1140 Section 1140. 46.286 (3) (d) of the statutes is amended to read:

SB44,543,8 46.286 (3) (d) The department shall determine the date, which shall not be later than January 1, 2004 2006, on which par. (a) shall first apply to persons who are not eligible for medical assistance under ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.

SB44, s. 1141 Section 1141. 46.287 (2) (a) 1. a. of the statutes is amended to read:

SB44,543,10 46.287 (2) (a) 1. a. Denial of eligibility under s. 46.286 (1) or (1m).

SB44, s. 1142 Section 1142. 46.29 (3) (d) of the statutes is amended to read:

SB44,543,12 46.29 (3) (d) The secretary of employment relations administration.

SB44, s. 1143 Section 1143. 46.295 (1) of the statutes is amended to read:

SB44,543,17 46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation under s. 20.435 (6) (a) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

SB44, s. 1144 Section 1144. 46.40 (1) (d) of the statutes is created to read:

SB44,543,23 46.40 (1) (d) If the department receives any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. (2) that is budgeted from federal funds.

SB44, s. 1145 Section 1145. 46.40 (2) of the statutes is amended to read:

SB44,544,4 46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $244,745,200 for fiscal year 2001-02 and $244,703,400 for fiscal year 2002-03 $242,078,700 in each fiscal year.

SB44, s. 1146 Section 1146. 46.40 (7) of the statutes is amended to read:

SB44,544,9 46.40 (7) Family support allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $4,589,800 in fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.

SB44, s. 1147 Section 1147. 46.45 (2) (a) of the statutes is amended to read:

SB44,545,5 46.45 (2) (a) If Subject to par. (am), if on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).

SB44, s. 1148 Section 1148. 46.45 (2) (am) of the statutes is created to read:

SB44,545,10 46.45 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a, the department shall reduce that county's distribution under par. (a) by 50%.

SB44, s. 1149 Section 1149. 46.45 (3) (a) of the statutes is amended to read:

SB44,545,25 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year, not including the amount allocated to the county under s. 46.40 (7), which amount may be carried forward as provided in par. (c). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other Other funds carried forward under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

SB44, s. 1150 Section 1150. 46.45 (3) (am) of the statutes is repealed.

SB44, s. 1151 Section 1151. 46.45 (3) (c) of the statutes is created to read:

SB44,546,11 46.45 (3) (c) At the request of a county, the department shall carry forward up to 5% of the amount allocated to the county under s. 46.40 (7) for a calendar year. All funds carried forward under this paragraph shall be used for the purpose for which the funds were originally allocated, except that a county may not use any of those funds for administrative or staff costs. All funds carried forward under this paragraph that are not spent or encumbered by a county December 31 of the calendar year to which those funds were carried forward shall lapse to the general fund on the succeeding January 1. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).

SB44, s. 1152 Section 1152. 46.45 (6) of the statutes is renumbered 46.45 (6) (a) and amended to read:

SB44,546,19 46.45 (6) (a) The department may carry forward 10% of any funds specified in sub. (3) (a) that are not carried forward under sub. (3) (a) for emergencies, for justifiable unit services costs above planned levels, and to provide compensation for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

SB44, s. 1153 Section 1153. 46.45 (6) (b) of the statutes is created to read:

SB44,546,25 46.45 (6) (b) The department may carry forward any funds specified in sub. (3) (c) that are not carried forward under sub. (3) (c) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).

SB44, s. 1154 Section 1154. 46.46 (1) of the statutes is amended to read:

SB44,547,7 46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v and shall distribute moneys to counties as provided in sub. (1g). In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. subs. (1m) and (2).

SB44, s. 1155 Section 1155. 46.46 (1g) of the statutes is created to read:

SB44,547,18 46.46 (1g) The department shall distribute not less than 50% of the moneys received under 42 USC 1396 to 1396v as a result of the augmentation activities specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb) to counties that are participating in those activities for community social, mental health, developmental disabilities, and alcohol and other drug abuse services under s. 46.40. The department may distribute any moneys received under 42 USC 1396 to 1396v as a result of the augmentation activities specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb) that are not distributed under this subsection to counties that are participating in those activities as provided in sub. (2).

SB44, s. 1156 Section 1156. 46.46 (1m) of the statutes is amended to read:

SB44,548,2 46.46 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) for the augmentation activities specified in sub. (1) the The department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f.

SB44, s. 1157 Section 1157. 46.46 (2) of the statutes is amended to read:

SB44,548,18 46.46 (2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purpose purposes specified in sub. subs. (1), (1g), and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

SB44, s. 1158 Section 1158. 46.48 (6) (title) of the statutes is repealed.

SB44, s. 1159 Section 1159. 46.48 (6) of the statutes is renumbered 16.964 (9) (a) and amended to read:

SB44,548,25 16.964 (9) (a) The department shall distribute A grant in the amount of $80,000 in each fiscal year to the career youth development center Career Youth Development Center in the city of Milwaukee for the operation of a minority youth substance abuse treatment program.

SB44, s. 1160 Section 1160. 46.481 (2) (title) of the statutes is repealed.

SB44, s. 1161 Section 1161. 46.481 (2) of the statutes is renumbered 16.964 (9) (b) and amended to read:

SB44,549,9 16.964 (9) (b) The department shall award A grant in the amount of $5,000 in each fiscal year as a grant to the Milwaukee police athletic league Police Athletic League to purchase sports and recreational equipment for a gymnasium facility located at 2449 N. 36th Street in the city of Milwaukee and for a gymnasium facility located at 2544 N. 30th Street in the city of Milwaukee, and to contribute to the operating expenses of those gymnasium facilities.